Tarver v. State
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bernard Tarver was convicted of assault with intent to murder, and he appeals.
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Appeal from Montgomery City Court. Heard before Hon. Armstead Brown. Bernard Tarver was convicted of assault with intent to murder, and he appeals. The defendant interposed a plea setting up that he was charged and tried in the recorder’s court of the city of Montgomery for an assault and battery on one S. Franco; that he was convicted and had discharged the sentence; that the recorder had full and complete jurisdiction of such offense, and of the person of the defendant; and it is alleged that the said prosecution and conviction was based upon and is of the same matters and transaction as is…
1Opinion of the CourtPelilam, J.
The defendant’s conviction of a misdemeanor in the recorder’s court of the city of Montgomery was not pleadable as a defense to this indictment charging a felony, and the demurrer of the state interposed to the defendant’s plea, seeking to set up such a defense, 'was properly sustained.' — Code, § 1221; Harris v. State, 2 Ala. App. 116, 56 South. 55.
There Avas no error committed by the court in sustaining the state’s objection to the question asked the witness S. Franco by defendant’s counsel on cross-examination, “That is what your brother, came up to testify to?” The matter called for…
2Cases cited3 opinions
- Bailey v. StateSupreme Court of Alabama · 1894
- Harris v. StateAlabama Court of Appeals · 1911
- Layton v. CampbellSupreme Court of Alabama · 1908
3Cited by4 opinions
- Ragsdale v. StateAlabama Court of Appeals · 1914
- Tittle v. StateAlabama Court of Appeals · 1916
- Torrance v. WellsSupreme Court of Alabama · 1929
- Ratley v. StateAlabama Court of Appeals · 1914